Which criminal offences can be settled directly between the parties and which cannot?

Question

I want to settle my criminal case with the complainant. How do I know if my offence can be compounded and closed by mutual agreement? What I am unsure about is the procedure — where the application goes, what it costs, and how long compoundable offences matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to compoundable offences here is BNSS 2023 s.359, Bharatiya Nyaya Sanhita 2023, Section 4 and BNSS 2023 s.360. The detail below matters, because BNSS 2023 s.359 draws the line differently depending on what your documents show.

BNSS s.359 contains a table listing offences under the BNS that are compoundable, some by the parties on their own and others only with the permission of the court, distinguishing them from non-compoundable offences that can never be settled privately.

Offences like simple hurt, criminal trespass, defamation and adultery-type provisions are compoundable without court permission, while offences such as voluntarily causing grievous hurt or theft by a clerk or servant require the court's permission before compounding.

Serious offences such as murder, rape, dacoity and offences against the State are non-compoundable altogether, meaning even if both parties agree, the case cannot be closed on that basis alone and must proceed to trial or be quashed through the High Court's inherent power.

Composition of an offence under s.359 has the effect of an acquittal of the accused, and once validly compounded, the same facts cannot be the basis of another prosecution.

Where an offence is technically non-compoundable but the dispute is essentially personal or civil in nature, parties sometimes approach the High Court under its inherent power to quash proceedings on the basis of settlement, following the principles laid down in Gian Singh (2012).

What to do next: 1) Check the table under BNSS s.359 to see whether your specific offence Section is compoundable; 2) If it requires court permission, file a joint compounding application before the trial court; 3) If the offence is non-compoundable but the dispute is personal, consult counsel about a quashing petition based on settlement; 4) Obtain and preserve the court's compounding or quashing order as final proof the case is closed.

If you are unsure whether your facts fall inside BNSS 2023 s.359, that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in criminal law.